How Do I Adjust Time Sharing to Accommodate New Circumstances?
In Illinois, modifying a parenting time schedule generally requires filing a petition with the court to demonstrate that a substantial change in circumstances has occurred since the last order was entered.
Under 750 ILCS 5/610.5, the court’s primary focus is whether the modification serves the best interests of the child, not just the convenience of the parents. The legal threshold for this is high, as Illinois courts value stability for children. Simply wanting more time or having a slightly different work schedule is frequently insufficient; you must prove the change significantly impacts the child’s life or that the current schedule is no longer practical.
The responsibility of proof rests entirely on the parent requesting the change. However, life is rarely static. Jobs change, parents move, and children grow. The law provides a pathway to update Allocation Judgments to reflect these new realities. Whether it is a new job with better hours, a necessary relocation, or a child’s evolving academic needs, a modification could secure a routine that better supports your family’s future.
At Manassa Law, our practice focuses on family law litigation and post-decree modifications. We help parents handle the specific evidentiary requirements needed to adjust parenting time in Cook, DuPage, Kane, McHenry, and Will counties.
If you have questions about how a new job, move, or life event affects your parenting time rights, call us today to discuss your options.
Key Takeaways for Modifying Illinois Parenting Time
- A substantial change in circumstances is required. This means a significant event must have occurred after your last court order that makes the current schedule impractical or not in the child’s best interest.
- The two-year rule on changes does not apply to parenting time. You may petition to adjust the time-sharing schedule at any point, unlike modifications to parental decision-making, which are generally restricted for two years.
- Verbal agreements are unenforceable. Any change to your parenting schedule must be formalized in a new, written court order to be legally binding and protect your rights.
Defining Substantial Change: What Counts in Illinois?
Here are some examples of what might qualify:
- Employment: A parent shifting from a night schedule to a day schedule that allows for consistent after-school care benefits the child and could be a basis for modification.
- Relocation: A move that makes the current drop-off and pick-up schedule logistically impossible is a clear, substantial change.
- Child’s Needs: A teenager’s demanding extracurricular or academic schedule might require a different residential base during the school week to better support their development.
Conversely, minor fluctuations in income, voluntary unemployment intended to spite the other parent, or a new romantic partner (unless that partner endangers the child) are unlikely to meet the legal standard.
In Illinois, Parenting Time is distinct from Parental Responsibilities (decision-making). A change in the time-sharing schedule does not automatically grant a parent more say in decisions about education or healthcare.
The Two-Year Rule: Timing Is Everything
Illinois law generally prohibits modifying the allocation of parental decision-making responsibilities within two years of the initial judgment. This rule is meant to create stability for children after a court case concludes. Many parents feel stuck in a plan that has become unworkable, causing stress for the entire family.
Fortunately, this strict two-year restriction does not apply to modifying parenting time.
You may petition to adjust the time-sharing schedule at any time, as long as you can prove a substantial change in circumstances has occurred. There are also two key exceptions for modifying decision-making within the two-year window:
- The Serious Endangerment Exception: You may file within two years if you provide evidence that the child’s present environment may seriously endanger their physical, mental, moral, or emotional health.
- Stipulation: If both parents agree (stipulate) to the change, the court will usually waive the two-year waiting period, provided the new arrangement is in the child’s best interests.
Relocation: When New Circumstances Mean Moving
Moving to a new home is one of the most common reasons to adjust time sharing. Illinois law has very specific rules for what constitutes a relocation. Under 750 ILCS 5/609.2, a move is considered a relocation if:
- The parent lives in Cook, DuPage, Kane, Lake, McHenry, or Will County and moves more than 25 miles away.
- The parent lives in any other Illinois county and moves more than 50 miles away.
- The parent moves out of state and more than 25 miles from their current home.
A recent update to the law clarified that this distance is now measured by the shortest surface-road route—not from the shortest distance between the two points on a map. This small detail can make or break a case. If your intended move triggers these distance thresholds, you must either get written consent from the other parent or get permission from the court, which will require modifying the parenting plan.
FAQ for Modifying Parenting Time in Illinois
While Illinois courts must consider the wishes of a mature child, there is no magic age where a child dictates the schedule. A child’s preference is just one of many factors a judge evaluates. The court gives more weight to the opinion of an older, more mature child who expresses well-reasoned preferences, but the final decision is always based on the child’s overall best interests.
Yes, it might. Illinois uses an income shares model for child support. If the number of overnights a child spends with each parent shifts significantly, specifically crossing the threshold of 146 overnights per year for the non-majority parent, it is considered shared parenting, and child support calculations will likely need to be modified as well.
Verbal agreements are not enforceable in court. If the other parent changes their mind or denies the agreement later, you have no legal recourse. You must formalize any adjustment to your time-sharing schedule with a signed, written court order to make it official and protect your rights.
Yes, courts may enter temporary orders to test a new schedule. This is common when the new circumstance is recent, like a new job, to ensure the proposed schedule works for the child before a final, permanent order is entered. A temporary order does not require proof of a substantial change, only that the temporary arrangement is in the child’s best interests.
It potentially could. If job loss means you are now available to care for the child when you previously were not, it could be a valid reason to modify the schedule, especially if it reduces the need for daycare. However, a court will look at whether this is a temporary setback or a permanent change in your employment situation when making its decision.
Secure a Schedule That Fits Your Family’s New Reality
Life does not stop after a divorce decree is signed. When your circumstances shift, your court order should not hold you or your children back.
You may fear rocking the boat or reopening a legal battle, but maintaining an outdated plan typically causes more conflict and instability for a child in the long run. Taking the proper legal steps to modify your order ensures predictability and security for everyone involved.
At Manassa Law, we help parents throughout the Chicago area modify parenting plans to reflect real-world changes. Call us today to begin the process of updating your time-sharing agreement.
- Income Disparity and Child Support in Illinois - January 15, 2026
- How Is Child Custody Determined in Illinois? - January 14, 2026
- How Do I Adjust Time Sharing to Accommodate New Circumstances? - January 13, 2026